Section 3: Drug offence searches
10.Those in possession of drugs may seek to conceal them from the police in body cavities. This section amends section 55 of the Police and Criminal Evidence Act 1984, which provides for an intimate search of a person where it is suspected that the person may have a Class A drug concealed on him.
11.Subsection (2) provides that a drug offence intimate search may only be undertaken where the person to be searched has consented in writing and requires that the person be informed that the search has been authorised and the grounds on which it has been authorised.
12.Subsection (3) inserts a new section 55(10A) which requires that the authorisation for the search, grounds for that authorisation and consent of the person to be searched is recorded in the custody record.
13.Subsection (5) inserts a new section 55(13A) which provides that appropriate inferences may be drawn by a court or jury where a person refuses without good cause to consent to an intimate search.
14.Subsection (6) amends section 55(17) to make clear that the information that is required to be given to the suspect by section 55(3B) can be conveyed by a constable or suitably designated detention officer or staff custody officer.
